Geraldine H. Pearson - Page 15

                                       - 15 -                                         
          taxpayers had losses from 1976 to 1986, we held that they had a             
          bona fide profit objective during the years in issue, 1982 to               
          1984.  Id.  Respondent's case is much stronger here than in                 
          Siegal v. Commissioner, supra.  Petitioner's farm had no                    
          profitable years from 1985 to 1993 and had a profit in only 1               
          year out of the 37 years that she operated it.                              
               Petitioner contends that she made money from selling three             
          horses:  (1) Good Mixture in 1972 or 1973 for $18,000; (2)                  
          Rimrock in 1977 for $7,000; and (3) Thatcher in 1991 for                    
          $35,000.3  Petitioner's claim that these sales show that she had            
          a profit objective is unconvincing.  Those isolated sales, in               
          view of her losses, do not show that she operated the farm with a           
          profit objective.                                                           
               Petitioner points out that she had unexpected losses during            
          the years in issue from the theft of livestock, a decline in the            
          sheep market, and unanticipated equipment repairs.  Unforeseen              
          losses beyond the control of the taxpayer are considered in                 
          deciding whether the taxpayer conducted the activity for profit.            
          Sec. 1.183-2(b)(6), Income Tax Regs.  Petitioner has not shown,             
          however, that without these losses her farm would have been                 
               This factor favors respondent.                                         

               3 Petitioner also sold Fraulein Oneonta for $1,200 in 1988.            

Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011